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Legal Update

At Drew & Napier, we provide legal updates and publications on the latest legal and regulatory developments that matter to our clients and friends.

You are encouraged to look through our online legal updates and publications by using the search function below.

Note: The legal updates and publications on this site are for general information only and should not be considered legal advice.

Showing 10 recent updates
  • Court of Appeal clarifies law on shareholder oppression actions

    12 July 2018
    In Ho Yew Kong v Sakae Holdings Ltd [2018] SGCA 33, the Court of Appeal laid down an analytical framework to guide the Courts in a situation where an oppression action features both personal wrongs and corporate wrongs. This framework also provides litigants with a set of questions which will help them decide whether to bring an oppression action under s 216 of the Companies Act or seek leave to commence a statutory derivative action under s 216A of the Companies Act.
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  • The importance of reading and understanding contracts

    5 July 2018
    In the recent case of Broadley Construction Pte Ltd v Alacran Design Pte Ltd [2018] SGCA 25, the Court of Appeal held that the express terms of a contract can dispel the effects of a misrepresentation in some situations. The Court also reiterated that silence is rarely considered sufficient to amount to a representation.
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  • Different standards applicable to a bank’s exercise of contractual discretion

    4 July 2018
    In Crowther v Arbuthnot Latham & Co Ltd [2018] EWHC 504, the English High Court interpreted a clause in a settlement agreement, which provided that the defendant-bank would not unreasonably withhold its consent to the sale of a property over which it held security.
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  • High Court clarifies malice in defamation

    29 June 2018
    In the recent decision of Gao Shuchao v Tan Kok Quan and others [2018] SGHC 115, the Singapore High Court found that the Appellant was entitled to rely on the defence of qualified privilege as the defence was not defeated by malice. This decision addresses the scope of the defence of qualified privilege, in particular, the issue of malice.
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  • Clarifying the scope of directors’ liabilities for a company’s breach of contract

    26 June 2018
    In the recent case of PT Sandipala Arthaputra v STMicroelectronics Asia Pacific Pte Ltd [2018] SGCA 17, the Court of Appeal clarified the extent of a director’s liability for his company’s breach of contract. The Court of Appeal held that a director is exempt from personal liability for his company’s breaches of contract, if he acted in his capacity as a director of the company, without being in breach of duties owed to his company.
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  • Mareva injunction may be refused on basis of collateral or ulterior purpose

    13 June 2018
    In JTrust Asia Pte Ltd v Group Lease Holdings Pte Ltd and others [2018] SGCA 27, the Singapore Court of Appeal decided that in principle, a collateral or ulterior purpose could justify the refusal of Mareva relief where this rendered the application an abuse of process, although this would ordinarily be difficult to establish at an early stage of the litigation.
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  • No unilateral severance of joint tenancy outside of statutory procedure

    12 June 2018
    In Chan Lung Kien v Chan Shwe Ching [2018] SGCA 24, a five-member coram of the Singapore Court of Appeal held that a co-owner of registered land under the Land Titles Act (Cap 157, 2004 Rev Ed) who holds his interest as a joint tenant with other co-owner(s) cannot unilaterally sever the joint tenancy outside of the procedure provided under the Act. This landmark decision lays out the clear but strict requirements for severance of joint tenancies over registered and unregistered land.
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  • The Regime for Deferred Prosecution Agreements

    10 April 2018
    On 19 March 2018, the Criminal Justice Reform Bill was passed by Parliament. One of the major changes is the introduction of a regime for deferred prosecution agreements. Instead of being mired in lengthy litigation when employees go astray, businesses now have the chance to focus on issues that are important to the longevity of their business. This update highlights the features of this new regime.
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  • What Deferred Prosecution Agreements mean for you

    10 April 2018
    The Criminal Justice Reform Bill was passed by Parliament on 19 March 2018. This Bill introduces a framework for deferred prosecution agreements (“DPAs”) in Singapore. This update analyses certain features of the DPA framework in Singapore, and discusses what companies can do and should do now that DPAs have reached our shores.
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  • High Court allows enforcement against interest in property held under joint tenancy

    9 April 2018
    In the recent decision of Peter Low LLC v Higgins, Danial Patrick [2018] SGHC 59, the High Court has held that a joint tenant’s interest in immovable property may be attached and taken under a writ of seizure of sale in execution of a judgment debt. This update discusses the practical considerations which flow from this High Court decision.
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